I am about to purchase a freehold property in London that used to be owned by the local council 40 years ago. The current owner of this freehold has done recently a loft conversion. He obtained planning permission but overlooked the fact that the property came with a covenant requiring an additional permission from the council even though the property is a freehold. The current owner (the seller) is unwilling to seek retrospective approval (waiver of the breach). My questions:
1). If I purchase the property and seek a retrospective approval for the work done by the seller, what are the odds that the council turn it down? Especially given the fact that the same council delivered a planning permission for the loft conversion.
2). How enforceable are these old covenants since the property is now a freehold? Can I ignore them, get a planning permission for an extension in the garden for example, and just seek retrospective approval for the work done?
It strikes me as odd that a council can sell a property 40 years ago, and still dictate what can be done or not on a freehold property. Thanks for your help.
The covenant wording:
"As an owner of the Property you will be required to observe the following covenants as contained in the Transfer dated XX/XX/1979:-
- Any part of the property not built upon shall be used as a private garden only.
- Not to erect any further building on the property, nor add to or enlarge the existing buildings without the prior written consent of the Council as Estate Owners."
1). If I purchase the property and seek a retrospective approval for the work done by the seller, what are the odds that the council turn it down? Especially given the fact that the same council delivered a planning permission for the loft conversion.
2). How enforceable are these old covenants since the property is now a freehold? Can I ignore them, get a planning permission for an extension in the garden for example, and just seek retrospective approval for the work done?
It strikes me as odd that a council can sell a property 40 years ago, and still dictate what can be done or not on a freehold property. Thanks for your help.
The covenant wording:
"As an owner of the Property you will be required to observe the following covenants as contained in the Transfer dated XX/XX/1979:-
- Any part of the property not built upon shall be used as a private garden only.
- Not to erect any further building on the property, nor add to or enlarge the existing buildings without the prior written consent of the Council as Estate Owners."
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